Allen Smith III - Yikes

[303cowboy]

A Wyoming football player is facing felony charges after allegedly pointing an unloaded handgun at two people during an incident last week.

https://trib.com/sports/college/wyoming ... -top-story

[LanderPoke]

I heard it was an air soft gun

[J-Bone]

According to the story, it was a pellet gun and he was threatening anyone seriously. It wasn't for nefarious purposes.

Very distasteful, inappropriate, and immature - yes. Serious crime that deserves jail time and a felony conviction - no.

[OrediggerPoke]

According to the story, it was a pellet gun and he was threatening anyone seriously. It wasn't for nefarious purposes.

Very distasteful, inappropriate, and immature - yes. Serious crime that deserves jail time and a felony conviction - no.

What!?!?!? The story specifically says the victims thought the gun was real and thought they were going to die. He will get his day in court. But If these allegations are found to be true, they meet the very definition of felony assault.

Just because it was an air soft gun, does not mean it didn’t cause substantial harm to the victims. Some of those guns look very very real.

[ELKMT]

Heard it is josh Allen and Brett smiths love child

[BackHarlowRoad]

One of the State of Wyoming's definitions of assault:

"Threatens to use a drawn deadly weapon on another."

Will be interesting how this plays out.

Prosecution, I assume, will argue it's the threat that makes it assault. Whether the gun was actually deadly or not is irrelevent since he made it seem it was. Defense will probably argue since it isn't a deadly weapon, the threat wasn't legit?

I think I'd say prosecution has the better case.

[poke_addict]

One of the State of Wyoming's definitions of assault:

"Threatens to use a drawn deadly weapon on another."

Will be interesting how this plays out.

Prosecution, I assume, will argue it's the threat that makes it assault. Whether the gun was actually deadly or not is irrelevent since he made it seem it was. Defense will probably argue since it isn't a deadly weapon, the threat wasn't legit?

I think I'd say prosecution has the better case.

Could end up being a felony menacing charge. Weapon doesn't have to be real in that case.

[OrediggerPoke]

One of the State of Wyoming's definitions of assault:

"Threatens to use a drawn deadly weapon on another."

Will be interesting how this plays out.

Prosecution, I assume, will argue it's the threat that makes it assault. Whether the gun was actually deadly or not is irrelevent since he made it seem it was. Defense will probably argue since it isn't a deadly weapon, the threat wasn't legit?

I think I'd say prosecution has the better case.

Could end up being a felony menacing charge. Weapon doesn't have to be real in that case.

Good point. I’d also suggest reading Thompson v. State (2018). The court found that both a clay art piece and a beer bottle were sufficient deadly weapon threats under 6-2-502 aggravated assault.

[McPeachy]

Ignorant move, pellet gun, airsoft gun, .44 cal, whatever. We don't need that poop at UW, it needs to stay at Nebraska and CU.

[castlerocker]

If someone asked 'if you wanted to see their gun', would it be bad
manners to say NO?

[WyoBrandX]

If someone asked 'if you wanted to see their gun', would it be bad
manners to say NO?

No - its not bad manners at all to say no. Its bad manners to ask to see someone's gun.

[OrediggerPoke]

Released from the team according to reports. Not surprising. And from what I have heard there is now a real question as to whether it was an 'air soft' or a real gun. Either way, very serious criminal charge.

[Adv8RU12]

If someone asked 'if you wanted to see their gun', would it be bad
manners to say NO?

It's a matter of "I'll show you mine if you show me yours"

[cheypoke]

I understand he took a plea deal already, has withdrawn from school and is already gone.